Backup Documents 11/10/2009 Item #17F
17F
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, ctc.)
~**k"".*".'..'*'.'.*'.'.'.'*..*.*"*.'**.********.*.*.*****~.**~.****.***.*~.*.******.**.*.*.***
Originating Dept/ Div: CDES./Zonino Person: Nancy Gundlach. A[CP Y ~i 9' IC'I:s '(J:;n.te: 10/[3/09
Petition No. (If none, give brief description): CU-2008-AR-13786, Unity Faith Missionary Baptist Church
Petitioner: (Name & Address): Ms. Gina Green P,A., 3310 1st A venue NW, Naples, FL 34120
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Unity
Faith Missionary Baptist Church, PO BOX 990639, Naples, FL 34116
Hearing before Bee
BZA
Other
Requested Hearing date:
November 10. 2009
Based on advertisement appearing IS days before hearing.
Newspaper(s) to be used: (Complete only it important):
xxx Naples Daily News
Other
LegaUy Required
Proposed Text (Include legal description & common location & Size: Petition: CU~2008-AR-13786, Unity Faith
Missionary Baptist Church, Inc. represented by Gina R. Green. P.E. of (iina R. Green, P.A, is requesting a Conditional
Use No. I expansion in the Estates (E) zoning district pursuant to Collier County Lund Development Code Subsection
2.03.UI ,B. I .e, I. The proposed Conditional Use will exptlnd tll1 existing church by adding a 13,IOO.square foot
multi-purpose building tu bt: used for a gymnasium, classrooms, youth fellowship and a kitchen. The subject 5.23 acre
property is located at 1620 39th Street S.W., in Sections 14 and 23, Township 49 South, Range 26 East, Collier County,
Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs:
PO Number: 4500096189 lor Account Number: 068779
Reviewed by: .
~'1'Yl.1,:>~
Division Administrator or Designee
10 It? /0 )
Date ~
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, he sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to COtlnty Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Reqtlesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approYf;: and submit original to Clerk's Office, retaining a copy tor file.
.......*..........****..****....................**********...........*............................
FOR CLERK'S OFFICE USE ONLY:
Date Received: to \ \,:>1~ Date of Public hearing: ~r!Ioate Advertised: j 0 ! (}.,r{ ~
Patricia L. Morgan
17F"
From:
Sent:
To:
Cc:
Subject:
Attachments:
RamirezHeather [HeatherRamirez@colliergov.net]
Thursday, October 15, 2009 9:50 AM
Minutes and Records
IstenesSusan
GU-2008-AR-13786
GU-2008-AR-13786 Legal Ad,pdf; GU-2008-AR-13786 Resolution,pdf
Here is the last legal ad for the November 10th BCC advertising, It has not been signed by Susan yet but 1
wanted to send it so you can get started on it. As soon as she is able to approve and sign it 1 will send the signed
legal ad to you, The Resolution will stay the same,
Heather L. Ramirez
Planning Technician
Zoning & Land Development Review
2800 N, Ilorseshoe Drive
Naples, FL 34 I 04
(239)252-2930
17F
RESOLUTION NO, 09-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORlDA, PROVIDING FOR THE
EXPANSION OF A CONDITIONAL USE TO ALLOW A MULTI-
PURPOSE BUILDING AS PART OF A CHURCH FACILITY WITHIN
AN ESTATES (E) ZONING DISTRICT PURSUANT TO
SUBSECTION 2,03.0IRLc,1 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED AT 1620 39TH
STREET S,W" IN SECTIONS 14 AND 23, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection ofthe public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No,
2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses~ and
WHEREAS, by Resolution Nos, 91-135 and 92-49, copies of which are attached hereto as
Exhibit "A-I", the Board of County Commissioners approved a provisional use for a church and church
related facilities in accordance with a conceptual master plan, subject to a number of conditions; and
WHEREAS, Unity Faith Missionary Baptist Church, Inc, has filed Petition Number CU-2009-
AR-13786 requesting an expansion to the Conditional Use to allow a 13,100-square foot multi-purpose
building; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said regulations
made and provided, and has considered the advisability of an expansion of a Conditional Use to allow a
13, 100-square foot multi-purpose building as part of a church facility within an Estates (E) Zoning
District pursuant to Subsection 2,03,OL8.1.c,1 of the Collier County Land Development Code and
Resolution Nos, 91-135 and 92-49 on the property hereinafter described, and the Collier County Planning
Commission has made findings that the expansion of the Conditional Use will not adversely affect the
CU-2008-AR-13786
REV, 8/28/09
100
17F
public interest and the specific requirements governing the Conditional Use have been met and that
satisfactory provision and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Subsection 1O,08.00.D, of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered a1\ matters presented,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number CU-2009-AR-13786 filed by Gina K Green, P.R, representing Unity Faith
Missionary Baptist Church, Inc" with respect to the property hereinafter described in Exhibit "A", be and
the same is hereby approved for an expansion of a Conditional Use for a 13,100-square foot multi-
purpose building as part of a church facility within an Estates (E) Zoning District pursuant to Subsection
2.03.0LB.Lc.1 of the Collier County Land Development Code, in accordance with the Conceptual Site
Plan described in Exhibit "B" and subject to the previously required conditions set forth in Resolution No,
91-135 together with the conditions set forth in Exhibit "C", Exhibits "A. I", "A", "B" and "C" are
attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution hereby supersedes and replaces both
Resolution Nos, 91-135 and 92-49, excepting the conditions set forth therein, which are incorporated hy
reference into this Resolution.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this _ day of
,2009,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, Chairman
CU-200B-AR-13786
REV, 8/2BI09
200
17 F H~
Approved as to form and
legal sufficiency:
oJ, c,
0~vr\O
Heidi Ashton-Cicko
Section Chief, Land Use/Transportation
Exhibits attached:
A-I, Resolution No. 91-135 and No. 92-49
A. Legal Description
B. Conceptual Site Plan
C Conditions
09.cPS-00949129
CU-2008-AR-13786
REV, 8/28/09
3 DO
.!AN 2 8 1992
RESOLUTION 91--LlS
.',
"
RELATING TO PETITION NO. PU-90-26 FOR PROVISIONAL
un OF PIlOPJ:ltn. NERJlIIfAPTEII. DESCRIBED IN COLLIER
COIlll.T,'l. FLORIDA.
17F -"
WHEREAS, the Leql.1atur. ot the State ot Florida in Chapter
67-1241~'Law. of 71orida, an4 Chapter 125, Florida Statutes, has
conferred on Co11ier-county-th. power to establish, coordlqata
and enforce zoning and such bu.!nes. requlations as are
nec..sary" for the protection or the public: and
WHEREAS, the county pursuant thareto has adopted a
Comprehensive Zoning ordinance establishing regul.tlons tor the
~onlnq ot particular geoqraphic divi.lons ot the County, among
Which 1. the qrantlnq of provi.ional Usesl and
~, the Collier county Planning C~lssion, being the
duly appointed and constituted planninq board tor the area
har.~ affected, has held a public hearinq after notice as in
.a1d regulations mad. and provided, and" has considered the
advi.abillty ot Provl.1onal Usa W._ In the nEn (Estates) zona
.tor a chur~h and church relat.e4 facilities on the property
bereinatter described, and has :found as a matter of tact
(EXhibi~ "A.) that satistactory provision and arranqement has
been mad. conc8rninq all apPlicable .attars required by said
regulations and 1n accordance with Section 13.1.d of the Zoning
.egulation. tor the Collier County Planninq commi..ion; and
~, all inter..ted parties have been qlven opportunity
to ~ beard by thi. Board in a pUblic meetinq assembled and the
"
Board havinq con.ldered all .atter. presented.
NOW. TIlERUORE BE a RESOLVED. BY TIlE BO}JU) OF ZONIN,"
APPEALS ot Collier coun~y, Florida that the petition tiled by
Keno J. spagna ot Florida Urban InstItute, Inc~, representing
1!nlty l'alth Ki..ionary Baptist Church with respect to the
property hereinafter described as;
Tract 165,' Golden Gate Estates~ Unit 27, according to Plat
th.reot, recorded in Plat Book 7, page 17, ot the Public
Recorda ot Collier county, Florida~
. 000..,[ 32
EXHIBIT A-1
Page 1 of 7
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JAIl 2 8 1002
b. and the .a~. i. hereby approved tor Provisional Us. "a" at
the .Z. CEatat..) zoninq district tor a chqrch an4 church
r.la~.d faciliti.. .ubj.~ to the following conditions:
Exhibit "8" which 1. attached hereto and incorporated
by r.:...nce herein.
~,
BB IT ~ RESOLVED that this Resolution be r.co~d.d in
the .1n~t.. or this Board.
ccmmi..ioner Saunders
oftered the
~or.gQinq R..olu~1on .n~'~av.4 ~or it. adoption, ..conded. by
C~..lon.r
Goodn1~bt
and upon roll call, the vote
-..
AYES: COmm{I.ioner Saunders, Commi.sioner Good~ight. Commissioner Shanahan.
Commie.loner Volpe~ And Commi'lioner Hassa
!lAYS"
AIlSENT AllD HOT VO'rnfG,
AlISTEHnOIl.
Don. 'this
day ot FebTtlarv
5tb
, 1991.
;:
BOARD OP ZOIlIIIG APPVJ.$
COLLIER COUNTY I FLORIDA
o
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." .AP~~:""'rO FORK AlII> LEGAL ll1l1'PICIElley,
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. > ASSISTAIIT COOllTY AT'I'ORIIEY
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CIlAI
PU-90-2~ RESOLUTION
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.0(;0,,1. 33
EXHIBIT A-1
Page 2 of 7
.WI 2 8 1992
~.t....
....,
FlNDING OF FACT
, IlY .
COLLUR COUllTr FL.\IOaNG COMllISSION
FoR
A PROVISIONAL USE PETITION
FOR
P[1-90-26
Tbe follow1n9 ~act. are ~ound:
1.
Section 7 1lL).3)(..) of the Zoning' Orc1inatlce
aut.horized. the prClv1s.t.onal ulIe.
2. Granting the provisional Use "111 not. a4\1'ersely affect.
the pUblic' interest And will not adversely affect ether
property or uses in the sam. district or nei~hborhooa
becau.. of:
,
A. I Consistency wit.b the Comprehen.ive Plan:
Compli.. Vi~comprehen.1v. Plan
Y.s._ No_
,
"
B. Ingr... and egress to property and prcposed
stractures thereon with particular raference to
automotive and pedestrian ,a:etr and convenience,
trat~1c flow an4 control, an4 accels 1n case of
fire' or catastrophe: .
,""equate in~ss "egress .'
YeD_No_
Affects neiqhborlnq propert!.. in relation ~O
nO!.Il, ,lare, economie or odor effect.:
"v 110 aUect or AUect JliUllated by
------ ______ Affect cannot be mitiqated
Gener.l compatibilit.y with Adjacent propert.ies and
other property In the district:
Compatibl~ ~.e within district "
Yes \..< No
- -
C.
-,
D.
Based on the above findings, this provisional Use should,
with .tip~l.tion., (copy attached) (~J.b. '-
recomlllended far approval .: 1'- _\ ~. _~ . ..
DATE. {~7/~/ CHAIRMAJh ~ I ~
FlllDING OF FAC~ CHAIRMAN
"
EXRI.'fJCO..~! 34
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EXHIBIT A-1
Page 3 of 7
;
l?F
ACR'-=r.MEN"r
.}AN 2 B 1992
%, Meno J. Sps9"a, of 71orid. urban Institute, !na., as
authorized .q.n~ tor Petition PU-~O-26, 8gr.. to the fcl:owlnq
atlpulation. reque.ted by the Collier Covnty Plannlnq
co.al..ian in their pu~lig haarlnq on January 17, 1991.
1. PLANNTNC s~vrCF.:g!
a. hpanaion of the us.. ident.itied and approve4 within
this Provisional v.. applicat.ion, o~ ..jar chanqes to
the 8ite plan aub.ltte4 .. part ot ~hl. application,
ahall require aubai..ion of. new Provisional U..
r.~.8t and ahall caaply with all applicable county
ordinance. in atrect at the ti.. ot submittal
lncludln9 Section 10.5 or Collier County Zoninq
ordinance No. 82-2.
2. kA~ MA>>AG~rHT AND F.NCrH~rHG!
a. De.ign and construction of all i=prov...nta ahall b.
subject 'to ccnlpliance with the appropriate proviaiona
01 the CO~li.r Coun~y SUbdiviaion R.gul.~ion..
b. This project shall be required to aeet all County
Ordinance in etfect at the ti.. final conatruction
documents ar. submitted tor developDent approval.
o. A portion, not exc.ed 70' ot the required parking,
Day b. developed with a gr... .urtace per the Collier
County Zoninq ordinance Section 8-12C. The driveway
a1s1.., however, shall be paved. All parking must be
conaidered paved ror stor.water pUrposes.
3. ENVIROHM'mTA T. r
,
prior to preliminary Sit. DeveloPMent Plan approval,
Project Reviev Service. Environmental Staft shall
rield verity and approve County wetland
jurl.dlc~Jonal ar... Which ahall be tla9ved by the
petitioner. The.. approved wetlana juriSdictional
area. shall be d.signated as Conservation Ea..Nents
Which .hall be recor~.d in the official County
RQcords prior to final Site Development Plan
approval. As part ot the water .an~qeaent sy.te~ tor
thl. sit., all required etormwat8r retention shall b.
directed into the.. pres.rv. areas atter a 1/2 inch
dry water quality pre-treatMent. .
a.
. COO....! 35
Exhibit lOa"
EXHIBIT A-1
Page 4 of 7
..z!I
.IA~ ? 8 1992
"
4 . TRANSPORTATION'
a. The roa4 iapact t.. .hall b. .. ..t to~tb in
Ordinance .5-55, .. ...nded, and shall b. paid at the
tiae building peralta are iS8ue~ unless otherwise
approved by the Board ot COunty Commissioners.
~~.fL.. H.
PE'l'ITIOHER bk ~~
~TO AND SllIISCR%BEO BEFORE HE THIS "::}':3 &
I' OF . , . 1191. <:'-'/1 0 p.
..... ilL~ A ~ ti~ II' _
. ......:..~~.1..; "', HPTARY
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:",'::; ~EAL ~ J'.., i
!,. "', I., _'I
~5,'. .' MY COH~f'I~SXDH EXPIRES I
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~.~.Illr.trAnCF'n.OIiM
.__-:.~&lAl.M.22.I.,
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SWOIllf '1'0 AND SllIISCRIBEO BEfORE HE ':rillS ] l3 ~ DA'l
OF, ~~.~~ . 1991.
U 0, 0.'...:. !C. ~.:"..,
NO'l'AR'l
SEAL
MY ~O~ISS~ON EXPIRES'
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.: Ptl-SO-26 AGIlEE>lElIT SHEET
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-2-
EXHIBIT A.1
Page 5 of 7
17F
i~,'
DAY
17F
JAN 2 B 1992
RESOLUTION 92-~
RElATING TO PETITION NO. PU-90-26 FOR EXTENSION
01" CONDITIONAL USE OF PROEPRTY HERINIIFER
DESCRIBED IN COLLIER COIlllTY, FLORIDA
WHEREAS, the Legislature oL the State ot Florida in Chapter
125, Florida statutes, has conferred on all CountIes in Florida ths
powsr to establish, coordinate and enforce zoning and such business
regulations aD are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which establishss
comprehensive zoning regulatIons for the zoning oL partiCUlar
,divisions of the County, among which is ths granting and extending
the time perIod of CondItIonal Uees formerly known as Provisional
0..., and
WHEREAS, on February 5, 1991, the Board ot County
ccmai..1onera enacted Resolution No. 91-135, which granted a
provisional use now known as a conditional use pursuant to
.Qrdinance No~ 91-102, for a church and related church facilities,
on the below described property; and
WHEREAS, Subsection 2.7.4.5 of the Land Development Code
provides that the Board oL Zoning Appeals may extend the one (1)
year time period Lor a conditional use which has not been
cOIImencedi
1l0W, THERllI'ORE BE IT RESOLVED, by the Board of Zoning Appeals
of COllier County, Florida that the writtsn request of Dr. Neno J.
Spagna of Florida Urban Institute, Inc. representing Unity Faith
Missionary Church for ths first of three (3) permitted one (l).year
extensions, in interest of ths following described property.
Tract 165, Golden Gate Estates, Unit 27, according to Plat
thereof, recorded in Plat Book 7, Page 17, ot the Public
Records of Collier County, FlorIda.
1. hereby approved pursuant to Subsection 2.7.4.5, ot the Land
Development Code (Ordinance No. 91-i02) and the expiration date tor
II 000 m~ 30
-1-
EXHIBIT A-1
Page 6 of 7
l7F '1
JAN 2 B 1992
Re.olution No. 91-135, attached hereto and incorporated herein as
Exhibit "A" and all conditions applicable thareto i. extended
hereby Zor one year until February 5, 1993.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
.inutes of this Board and in the record. of the Petition for which
the ext!,ndon i. granted.
. ~"doner lIas.e
offered the foregoing
a..olution and moved tor it. adoption, .econded by Commi..ioner
Shanahan , and upon roll cllll, the vote was,
AYES. Calmlasioner HallSe, CoamI.ss1oner Shanahan, Cormdssiooer Saunders, and
t:amIIssioner Volpe
JrAYs.: ~ r.',....
ABSEIIT. AIlD Nor VOTING: Cam:lss1.cner (;<yy1n~gI\t
AB~ON:
Don. this
2llth
day of
Januarv
. 1992.
BOARD OF ZONING APPEALS
~.~~
BY' (h ....R'f
, CIlAIRIfAN
, .
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;p'F.: .'". . 'I/t'.,~ '.' 4JL.
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./'.'~. OVEI> AS TO r,ORH AND LEGAL SUFl"ICIEIICY:
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ASSISTJUl'l' COllNTY ATTORNEY
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'. . pt1-90-26 I!X'.l'EIISIOIf RESOLtlTION
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-2-
EXHIBIT A.1
Page 7 of 7
17F
LEGAL DESCRIPTION
FOR
CU-2008-AR-13786
ALL OF TRACT 165, GOLDEN GATE ESTATES, UNIT NO,
27, recorded in Plat Book 7, pages 17 and 18 of the Public
Records of Collier County, Florida
EXHIBIT A
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CONDITIONS FOR APPROVAL
FOR
CU-2008-AR-13786
1, The Conditional Use is limited to what is shown on the site plan, identified as "Unity Faith
Missionary Baptist Church Conditional Use," prepared by Gina R. Green, P.A. Civil
Engineering, dated July 24, 2009, The final design must be in compliance with all
applicable federal, state and county laws and regulations, The Department of Zoning and
Land Development Review Director may approve minor changes in the location, siting, or
height of buildings, structures, and improvements authorized by this conditional use, so long
as these minor changes remain consistent with all applicable development standards.
2. The uses shall be limited to Church related uses, Day care, weekday private school and
retail church store uses are prohibited, (Note: these uses have not been presented in the
Traffic Study and therefore have not been analyzed as part of this Conditional Use,)
3. The Church has agreed not to expand worship service trip generation into the multi-purpose
building and it shall not increase the seating capacity of the multi-purpose building
(educational classes shall not be precluded by this stipulation as they are considered part of
the worship service trip generation shown in ITE 8th edition).
4. The County shall not be responsible for the construction of a noise wall along the future
Green Boulevard extension adjacent to the Church. If a noise wall is sought by the Church,
it shall be at the Church's expense,
5. The conservation easement referenced in Exhibit B of Resolution Number 91-135 is no
longer required.
EXHIBIT C
17F
ACCOUNT #068779
October 16, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2008-AR-13786, Unity Faith Missionary Baptist Church
Dear Legals:
Please advertise the above referenced notice on Sunday, October 25, 2009 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500096189
l?F
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners, as
the Board of Zoning Appeals, of Collier County will hold a public
hearing on Tuesday, November 10, 2009, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301
East Tamiami Trail, Naples, Florida. The meeting will begin at
9:00 A.M. The title of the proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA, PROVIDING FOR THE EXPANSION OF A CONDITIONAL USE TO ALLOW
A MULTI-PURPOSE BUILDING AS PART OF A CHURCH FACILITY WITHIN AN
ESTATES (E) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.B.1.c.l
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED
AT 1620 39TH STREET S.W., IN SECTIONS 14 AND 23, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
The Board will consider Petition: CU-2008-AR-13786, Unity Faith
Missionary Baptist Church, Inc. represented by Gina R. Green, P.E.
of Gina R. Green, P.A., is requesting a Conditional Use NO.1
expansion in the Estates (E) zoning district pursuant to Collier
County Land Development Code Subsection 2.03.01.B.1.c.l. The
proposed Conditional Use will expand an existing church by adding
a l3,100-square foot multi-purpose building to be used for a
gymnasium, classrooms, youth fellowship and a kitchen. The subject
5.23 acre property is located at 1620 39th Street S.W., in Sections
14 and 23, Township 49 South, Range 26 East, Collier County,
Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
17F
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at
no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W, Naples, Florida
34112, (239)252-8380. Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
October 16, 2009
)~~feQllier
CLERK OF THE 6~RCbIT COURT
COLLIER COUNTY,tOUR1f10USE
3301 TAMIAMI ~IL EA,ST
PO, BOX 4\3044 .
NAPLES, FLORlDA'']41O 1-3044
,lk", !
'1" !
h,~c
l7F
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Ms. Gina Green, P.A.
3310 1 st Avenue NW
Naples, FL 34120
Re: CU-2008-AR-13786, Unity Faith Missionary Baptist Church
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 10,2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, October 25, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
esa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
October 16, 2009
'';~n~or~llier
"--''-'~''') \
CLERK OF THE G~RCt.JIT COURT
COLLIER COUNTY jtoUR'fJ--roUSE
3301 TAMIAMI ~IL EA,ST
Po. BOX 4\3044 \
NAPLES, FLORIDA~4101-3Q44
!k j
.J,." ;
yt~ }-
\ i
:~"^'~
17F
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Unity Faith Missionary Baptist Church
P.O. Box 990639
Naples, FL 34116
Re: CU-2008-AR-13786, Unity Faith Missionary Baptist Church
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 10,2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, October 25, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
eresa Polaski,
Deputy Clerk
Enclosure
Phonc (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
17f
Teresa L. Polaski
To:
Subject:
legals@naplesnews,com
CU-2008-AR-13786, Unity Faith Missionary Baptist Church
Legals,
Please advertise the following on Sunday, October 25,2009, Thanks
~
CU-2008-AR.1378 CU-2008-AR-1378
6.doc 6.doc
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
iT eresa,Po lask;@eall;erel erk com)
1
Teresa L. Polaski
17F
From:
Sent;
To:
Subject
Attachments;
postmaster@collierclerk,com
Friday, October 16, 2009 9:02 AM
Teresa L Polaski
Delivery Status Notification (Relay)
ATT28170.txt; CU-2008-AR.13786, Unity Faith Missionary Baptist Church
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals~naplesnews.com
1
17F
i'
Teresa L. Polaski
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews,com]
Friday, October 16, 2009 9:23 AM
Teresa L Polaski
RE: CU-2008-AR-13786, Unity Faith Missionary Baptist Church
OK
From: Teresa L. Polaski [mailto:Teresa.Polaski@colliercierk.com]
Posted At: Friday, October 16, 2009 9:02 AM
Posted To: Legals - NDN
Conversation: CU-2008-AR-13786, Unity Faith Missionary Baptist Church
Subject: CU-2008-AR-13786, Unity Faith Missionary Baptist Church
Legals,
Please advertise the following on Sunday, October 25, 2009. Thanks
<<CU-2008-AR-13786,doc>> <<CU-2008-AR-13786,doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa,Po laski@collierclerk,com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in re5ponse to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
Teresa L. Polaski
17F
From:
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews,com]
Friday, October 16, 2009 1 :21 PM
Teresa L, Polaski
Ad Confirmation
UAS151B,jpg
ATTACHED please review your notice & confirm approval.
Thank you for
PUB. Date
Publication
Ad Number
Total Ad Cost
Emely Pagan
213-6061
placing your ad.
10/25/09
NDN
1821660
$294.92
1
NOTICE OF PUBLIC HEARING
Notice is hereby $lIven that the Board of
<:ol..l1ty (omrnl-ssloneors, as the Board 01
Zoning Appe~lls. or Collier County will
hold a p'Jblic hearing on Tue:.day, NQ~
vemberl0, 2009, In thi;' Boardroom. 3rd
Floor, Administration BLJilding, Collh:r
County Government Centp.r, 3301 East Ta-
miami Trail. Napl~s, F1onda. The meettng
will begin at 9:00 A.M. The title of the
proposed r~$I)l:.ltiot1 is as follows:
17F
A RESOLUTION Of THE BOARD OF ZON.
ING APPEALS Of COLLIER COUNTY.
fLORIDA, PROVIDING fOR THE EXPAN-
SION 01' ,\ CONDITIONAL USE TO ALLOW
A MULTI-PURPOSE BLlILDING AS PART Of
A CHURCH fACILITY WITHIN AN ESTATES
(E) ZONING DISTRICT PIJRSLlANT TO sua.
SECTION 203.01 B Ie 1 Of THE COLLIER
COUNTY L,\ND DEVEWI'MENT (ODE fOil
f>ROPERTY LOC/\TED AT 1610 39TH
STREn S W . IN SECTIONS 14 AND 23,
TOWNSHII' 49 SOUTH. RANGE 26 EAn,
(OLUER COUNrv, FlOHIDA
The Board wdl con!.ld~r Petition: CU-
2008-AR.13786. Uniry Faith Missionary
Baptl~t Chu(ch,inc. rli':pres@ntl?d by Gina
R_ GreIm, PE. of Gina R Gfl:'e.t'l, P- A, I!\ ri?--
Clue-sting a Conditiorwl USi! No, j ,expdn.
')1011 In the b.S!al~S (El zomng dlstnct pur.
'ilJi)nt to Colll!~r County Land Devel,op.
rnenT Code Subsection 2,\13.01.6,1.-(1, The
proposed (ond'itional U~ewdl expand an
eXisting church by adding a 13. 100~$quilre
Tom multi-purpose bliildlng TO bl? used
h::H ilgymn.Jslun1, CL:H'iroorn:.:. youth fel.
lowshlp and il kltchEm. Tnt? subJ€(t 5,23
acre properly IS located at 1620 39th
Street S.W,. Irl 5..c!ion5 14 and 23, Tow-no
ship 49 S.outh, Rnnge 26 East, Collili!T
County. Florid,].
NOTE ~\ll Person.. wishiJ'l(J to speak Dn
any agenda item mu:.t r~l!iiter with the
CO\lnty Adminisuator prior to prE'se-nta-
tiol1 of thE' agenda item to be- addn~ss@d.
Individual speakers will be limited to 5
rninutes on any item, The seleL-rion of an
Individual to speak art b@f1;::lI'f at an orga-
nization or group is encouraged. If r8e.
ogniz~d by the Chair, a spokesperson for
i1 group or organization may be allotted
, (j nWlute.~ to spilak or. ,m iIen1-
Persons wishing to hav@wrimm or graph-
It m(lterials ind\ld@d in ttlP Boar~ agenda
packE>1.'> must submit s.lld material d min"
imlJnl 013 I.'lreeks prior to the- res.pective
public hearing,. In any case. written ma.
terials intended to be considered by the
Board shall be ;,ubmnted to the appropri-
ate County ~tJff Zl minimwn1 of 'je....endays
prior to the public heiirmg. All mate-rial
lJsed in presentations before the Boar-d
will become 3 pernvment pan of the re.
cord,
Any per..cn who decidf'S to appeal a deci.
sir,m ot the Board will need a remrdof
th~ proc.eedings pertaining thereto and
therefore, may need to ensure that aver,
batim record of the prO(eedll1~s is made,
which record ind~Jdes the testImony and
t~vjden(e ~IPorl which the appeal is based.
If you are a person with <:I disability who
needs an)' Jccommodation in order to
participate In this proceeding, you ar~' en-
titled. i.n no tos,t to YOll, to the provi.$ion
of certain a~i'iitance, Ple<'!se r:cnlact the
Collier County Facilities Management De-
partment. locJted at 3301 Tamiami Trad
Ea5C Building W, Nilp!es, Florida 34112.
(239}252-8380, AS$is.ted listening devices
Tor the hearing impaired are available in
the COtJnty Commissioners' Office,
aOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
(OLLlER COUNTY, FLOR1DA
DONNA FIALA, CI"1AIRMAN
DWIGcrr E, BROCK, CLERK
By: Tere-sa Polaski, Deputy Clerk
(SE,\Ll
O(tober b No'1821660
17F
Teresa L. Polaski
From:
Sent:
To:
Subject:
Naples Daily News [naplesnews@clicknbuy,com]
Sunday, October 25, 2009 12: 11 AM
Teresa L Polaski
Thank you for placing your classified advertisement
Ad # 1821660
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners, as the
Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, November 10, 2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail,
Naples, Florida, The meeting will begin at 9:00 AM, The title of the proposed resolution is as follows: A
RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA,
PROVIDING FOR THE EXPANSION OF A CONDITIONAL USE TO ALLOW A MULTI-PURPOSE
BUILDING AS PART OF A CHURCH FACILITY WITHIN AN ESTATES (E) ZONING DISTRICT
PURSUANT TO SUBSECTION 2,03,01,8,1,c' 1 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE FOR PROPERTY LOCATED AT 1620 39TH STREET S,W" IN SECTIONS 14 AND 23, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA The Board will consider Petition: CU-2008-
AR-13786, Unity Faith Missionary Baptist Church, Inc, represented by Gina R. Green, P,E. of Gina R. Green,
P.A, is requesting a Conditional Use No, 1 expansion in the Estates (E) zoning district pursuant to Collier
County Land Deve]opment Code Subsection 2,03.01,8.1 ,c, I. The proposed Conditional Use will expand an
existing church by adding a 13,1 OOsquare foot multi-purpose building to be used for a gymnasium, classrooms,
youth fellowship and a kitchen. The subject 5,23 acre property is located at 1620 39th Street S,W" in Sections
14 and 23, Township 49 South, Range 26 East, Collier County, Florida, NOTE: All Persons wishing to speak on
any agenda item must register with the County Administrator prior to presentation of the agenda item to be
addressed, Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak
on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item, Persons wishing to have written or graphic
materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the
respective public hearing. In any case, written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days prior to the public hearing, All material
used in presentations before the Board will become a permanent part of the record. Any person who decides to
appeal a decision ofthe Board will need a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance, Please
contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building
W, Naples, F]orida 341 ]2, (239)252-8380, Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office, BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING
APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E, BROCK, CLERK
By: Teresa Polaski, Deputy Clerk (SEAL) October 25 Nol821660
You also have the exciting option to enhance your online advertisement with extended text, photos and even
multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online
1
17F
shoppers that visit our classified section every day. You can also choose to add shipping and delivery options
for the buyer.
Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos
and even video/audio of your item.
To login to the New Ad Wizard use your e-mail address and existing password. Go to:
http://secure,adpav.com/adwizard login,aspx?I=1500l567 , if this link is inactive, cut and paste it into your
browser address window,
If you need any assistance with your advertisement, please contact our classifieds department. 239-263-4700
Thank you for using naplesnews.com Online Classifieds,
2
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+----
BCC/ZONING DEPARTMENT
CLERK OF CIRCUIT CRT
SARA SCHNEEBERGER
POBOX 413044
NAPLES FL 34101
REFERENCE: 068779
59594073
P.O. #4500096189
NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 10/25 10/25
17F
N01IfCI!OfI\lOl'C...~
,',' ,......,.'.. ~( :
~l~ 11~~~;lh(8oard of
~" , " 'lSi'. BoIrd of
Zoning Aaoeats, of Collier County will
holdil pUblic nearlng on TuesdaY, No-
vember 10. ,~m the ,.I:droom, 3rd
Floor, - AdJnlnlmatlQ/\ B(irldlng, Collier
County Government Center,. 3:301, East fa-
mlamf TraU, Nlpl.. F1efldl.The mHting
~p~tlt 9100. ""...M. The.tttll of the
, '" ,{eSOlutlon1s~t~,jl~:)
A: ~ESOlUTl0NoF THE'BOAlllD OF ZON-
ING F ReOUm,
f ,bPM-
..-
AAT (I'
mAm
ro<SUB-
THE COlOER
NT CODE FOR
t',1,20 39TH
14 AND 23,
~:'AAJlGe26 EAST,
,,~()fHDA.," .
~--
~"," . .,';.~ "
"N,QTt:-<AIJ,~,__"tesp...kon
'arry..liI'ttem musfI'ttpfer ~ the
Coun~ AdmInistrator prior to pre;senta-
tk>n"." ".... _ Item t~ be "'_od.
~,.,,~ willtse'limlted to 5
mlfJUteli bl'i'.ny Item:-; The'itlectlon of an
Individual to speak on behalf of an orga-
.':; ~~I~~rs:n ~
._ , ,'or aflIlnliatJon- .. be allotted
10mlnuttitospeikon:anlwn.' .
to haYeWritten'or graph-
.tQard. agenda
. t.a mln-
_""thef""",,,w
~'YiI'It(\enma-
" by'"
8 _'.. . . tc e Ipproprl-
J1lI~_SWff . mlnlrnwm of ~n days
__tOthII.~ ~11'\!l~A11 mlterral
1.~~ts6"lltkirC,'-.iMfI:)r6. the.. 80ard
:',.' . _ . '. ;Ipetmenent:,-ptft.-.-efthe re--
ii._~~~J
b8t1rri.l'1IIGOI't'I,Oftthe~.ttmade,
~,r.coI'(Hnd.:.'thI twfImol'l, and
evl~upon'whichtM__I-Is_.blsed.
.
AD SPACE: 99 LINE
FILED ON: 10/26/09
::~~~:~~:-~:-~:::~~:---~~-~-----+---_.
,
IiOAR'o OF 00uJrrnty00MMlSSIONER5
~~.~~.='
DONNA FIAlA, CHAIRMAN
2W!''-'.''-''. k
a1:-....~~....?;':
I'WfttwM-H- . . ,Nn'.'-'aM
Sworn to and Subscribed before me this ~q ~ day of Dc\o\'~..-
Personally known by me
20<3'\
",,111,,_,
.~m'<'" ""';-;C. KAROL E KAt ,AS
!. .. ,.. j Notary Public. State of Florida
\~ '$.,i My Comm. Expires Jul 29, 2013
"~"~:'l' Of f\(f,....... Commission # DO 912237
-",,,,,,
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 ?
THE BOARD.OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE F
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ofti.ce. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of tile Chairman's signature, draw a line throUl!:h routine lines # I throueh #4, comolete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routin2 order)
1. Judy Puig CDES Administration ( ~ \ljlb jD~
2. 'v
3.
4.
5 Ian Mitchell, Supervisor, BCC Office Board of County 1P- \ql~
Commissioners O~
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.
Name of Primary Staff Nancy Gundlach, AICP
Contact
Agenda Date Item was November 10,2009
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Resolution
Number of Original
Documents Attached
239-252-2484
17 F
Yes
(Initial)
N/A (Not
A licable)
L
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pagcs indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved hy the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chao es, if a licable.
~.
Ylc
~l
2.
3,
4,
5,
6,
I: Forms! County Fonns! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.2405
17F
MEMORANDUM
Date: November 16,2009
To: Nancy Gundlach, Principal Planner
Zoning & Land Development Reivew
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 2009-270: Unity Faith Missionary Baptist
Church
Enclosed please find one copy of the document referenced above,
Agenda Item #17F, adopted by the Board of County Commissioners
on Tuesday, November 10, 2009.
The original document will be kept as part of the Board's permanent
record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure
RESOLUTION NO, 09- 270
17F
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
EXPANSION OF A CONDITIONAL USE TO ALLOW A MULTI-
PURPOSE BUILDING AS PART OF A CHURCH FACILITY WITHIN
AN ESTATES (E) ZONING DISTRICT PURSUANT TO
SUBSECTION 2,03,OLB,Ld OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED AT 1620 39TH
STREET S,W., IN SECTIONS 14 AND 23, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No,
2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and
WHEREAS, by Resolution Nos, 91-135 and 92-49, copies of which are attached hereto as
Exhibit "A-I ", the Board of County Commissioners approved a provisional use for a church and church
related facilities in accordance with a conceptual master plan, subject to a number of conditions; and
WHEREAS, Unity Faith Missionary Baptist Church, Inc. has filed Petition Number CU-2009-
AR-13786 requesting an expansion to the Conditional Use to allow a 13,IOO-square foot multi-purpose
building; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said regulations
made and provided, and has considered the advisability of an expansion of a Conditional Use to allow a
13,100-square foot multi-purpose building as part of a church facility within an Estates (E) Zoning
District pursuant to Subsection 2,03,OLB,Lc,1 of the Collier County Land Development Code and
Resolution Nos. 91-135 and 92-49 on the property hereinafter described, and the Collier County Planning
Commission has made findings that the expansion of the Conditional Use will not adversely affect the
CU -2008-AR.13 786
REV, 8/28/09
lof3
17F
public interest and the specific requirements governing the Conditional Use have been met and that
satisfactory provision and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Subsection I 0,08,00.D, of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number CU-2009.AR.13786 filed by Gina R, Green, P,E., representing Unity Faith
Missionary Baptist Church, Inc" with respect to the property hereinafter described in Exhibit "A", be and
the same is hereby approved for an expansion of a Conditional Use for a I3,IOO-square foot multi-
purpose building as part of a church facility within an Estates (El Zoning District pursuant to Subsection
2,03,0 I ,B, I ,c. I of the Collier County Land Development Code, in accordance with the Conceptual Site
Plan described in Exhibit "B" and subject to the previously required conditions set forth in Resolution No,
91-135 together with the conditions set forth in Exhibit "c", Exhibits "A-I", "A", "B" and "c" are
attached hereto and incorporated herein by reference,
BE IT FURTHER RESOLVED that this Resolution hereby supersedes and replaces both
Resolution Nos, 91-135 and 92-49, excepting the conditions set forth therein, which are incorporated by
reference into this Resolution,
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this 10 day of
~OV€\Y\bev ,2009,
A TTESii:!( .
, .~ .' .. . /.
DWIGHT E. BROCK, CLERK
,
BOARD OF ZONING APPEALS
COLLIERF;OUNTY, FLORIDA
~
By:
j I) _.
'fr"">r:rr..... . ,,;./~ ct. /~
.
,
DONNA FIALA, Chairman
"-;',
./,; . .' ,
. UJIIlltllN 01\' .
CU-2008-AR-13786
REV, 8/28/09
20f3
17F-1
Approved as to form and
legal sufficiency:
~-7.~jJ '0~r\o"\
~-rHeidi Ashton-Cicko
Section Chief, Land U se/Transportatiol1
Exhibits attached:
A-I, Resolution No. 91-135 and No. 92-49
A Legal Description
B, Conceptual Site Plan
C Conditions
09-CPS.00949/29
CU-2008-AR-13786
REV, 8/28/09
30f3
JAN 2 8 1992
RESOLUTION 91--115
..
-:
RELATING TO PETITION NO. PU-90-26 FOR PROVISIONAL
USE OP PROPERTY. HEREINAFTER DESCRIBED IN COLLIER
CO~Y, FLORIDA.
WHEREAS, the Legislature of the state of Florida in chapter
67-124~,' Laws ot Florida, and Chapter 125, Florida statutes, has
con~.rr8d on Col1ier-County-the power to establish, coordiryate
and enforce zoning and such business regulations as are
necessary" tor the protection ot the public; and
WHEREAS, the County pursuant thereto has adopted a
coMprehensive Zoning Ordinance establlshinq regulations tor the
zoning ot particular geographic divisions ot the county, among
which Is the granting of Provisional Uses; and
WHEREAS, the collier County Planning commission, being the
duly appointed and constituted planning board tor the area
hereby affected, has held a pUblic hearing after notice as in
.aid regulations made and provided, and" has considered the
advisability ot provisional Usa "a" in the DE" (Estates) zone
~or a churph and church related facilities on the property
hereinafter described, and has round as a matter at tact
(Exhibit "A"' that satisfactory provision and arrangement has
been made concerninq all applicable matters required by said
regulations and in accordance with Section 13.1.d of the Zoning
Regulations tor the Collier County Planninq Commission; and
WHEREAS, all interested parties have been qiven opportunity
to be heard by this Board in a public meeting assembled and the
Board havinq considered all matters presented.
NOW, THEREFORE BE XT RESOLVED, BY THE BOARD OF ZONXNG
APPEALS ot Collier County, Florida that the petition tiled by
Nano J. Spagna at Florida Urban Institute, Inc., representing
Unity Faith Missionary Baptist Church with respect to tha
property hereinatter described as:
Tract 165;. Golden Gate Estates, Unit 27, according to Plat
~hereot, recorded in Pla~ Book 7, Page 17, of the Public
Records or Collier county, Florida.
. om...,! 32
EXHIBIT A-1
Page 1 of 7
17F
JAN 2 8 1992
b. and the aame is hereby approved tor provisional Us. "a" at
the "E" (Estates) zoning district for a church and church
related facilities subject to the following conditions:
Exhibit "8" which i. attached hereto and incorporated
by reference herein.
o!-~.
BE IT FURTHER RESOLVED that this Resolution be recorded in
the .inutes ot this Board.
Commissioner
Saunders
offered the
~Dr.9Qlnq Resolution and "moved tor its adoptIon, lI.canded by
C01mIlssioner
Goodni~ht
and upon roll call, the vote
vu.
AYES: Commissioner Saunders, Commissioner Goodnight, Commissioner Shanahan.
Commissioner Volpe, and Commissioner Hasse
!lAYS..
ABSENT AllD NOT VOTXNG:
ABSTEIl'l'XON:
Done this
Sth
day of February
1991.
..
BOARD OF ZONXNG APPEALS
COLLXER COtlNTy. PLORl:DA
c
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.~, :D)IEs., c. GUE;I, ""CLERK
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/,AP RO~,~~O FORM AllD LEGAL SUFFICIENCY:
.......',.. ~ "
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... '. ~y. "'f<1'i'
1;".".. ORU ~ENl' ~ ~
r: ASSXSl'AII"1' COUNTY ATTORNEY
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A
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By.9&:.~Q......~
CHAI
PO-90-26 RESOLUl'XON
nb/4655.
. U(;O'I\, 33
EXHIBIT A-1
Page 2 of 7
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JAN 2 B 1992
. .
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FINDING OF FACT
BY .
COLLIER COUNTY PLANNING COMMISSION
FOR
A PROVISIONAL USE PETITION
FOR
PU-90-25
The following tacts are found:
1.
Section '.10 b.3H..l of the Zoning Ordinance
.u~hori%ed the provisional USe.
2. Granting the provisional Use vill not adversely affec~
~h. public' interest and viII not adversely affect other
property or uses in the same district or nei~hborhOOd
because of:
A.
Consistency with the Comprehensive Plan:
ComplIes Wi~comprehensive Plan
Yes._ No_
.
B. Ingr.s. and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire.or catastrophe~
Adequate inC}.t'e!ls &. egress .,
Yes - """'" No
----- -----
.
C. ' Affects neighboring properties in relation to
noise, glare, economic or odor effects:
~ No affect or _____ Affect ~itigated by
_____ Affect cannot be ~itigated
D. General compatibility with adjacent properties and
other property in the district:
Compatibl~ Use within district .
Yes '^- No
----- -
Based on the above findings, this provisional Use should, ~
with atipulations, (copy attached) [.., .:.t) .be -..,...
recommended for approval \ : II .\ ~ _ ."\ _.
DATE: {~7//CJ/ CHAIR~: \.j~ I ~
FINDING OF FACT CHAIRMAN
~XRI.'-{JGO ~;\! 3.f
EXHIBIT A-1
Page 3 of 7
17F
17F
JAN 2 8 1992
'.
AGREF.M~
I, Heno J. Spagna, or Florida Urban Institute, I~c., as
authorized agent Lor Petition PU-90-26, agree to the fc~~owing
stipulations rsqusatad by the Collier County Planning
casaission in their public hearing on January 17, 1991.
1.. PLANNING SERVICES:
a. Expansion ot the us.. identified and approved within
this Provisional Us. application, or .ajar changes to
the site plan submitted a. part ot this application,
shall require SUbmission ot a new Provisional Ua.
request and shall eomply with all applicable County
ordinanc.. in aftect at the time ot submittal
including Section 10.5 at Collier County Zoninq
Ordinance No. 82-2.
2. WATm KANAGEMF.lM' ANn ENGIN'EE'RTNGr
a. DesIgn and construction ot all improvements shall be
subject to compliance with the appropriate provisions
o~ the Collier County Subdivision Requla~ion..
b.
This project shall be
Ordinance in attect at
documents are submitted
required to meet all County
the time tinal construction
tor development approval.
c. A portion, not exceed 70t ot the required parking,
may be developed with a grass sur~ace per the Collier
County Zoning Ordinance Section 8-12C. The driveway
aiSles, however, shall be paved. All parking must be
considered paved tor stormwater pUrposes.
3. ENvIRONMENTAL:
a.
Prior to preliminary Site Development Plan approval,
Project Review Services Environmental Statt shall
tield verity and approve County wetland
juriSdictional areas which _hall b. tla9ged by the
petitIoner. These approved wetland juriSdictional
areas shall be designated as Conservation Easements
whIch shall be recorded in the otticial County
Records prior to tinal Site Development Plan
approval. As part ot the water manaqement system tor
this site, all required atormwater retention shall be
directed into these preserve areas after a 112 inch
dry water quality pre-treatment.
. omw.. 35
Exhibit. "B"
EXHIBIT A-1
Page 4 of 7
z
,1~N ? 8 1992
".
4. TRANSPORTATION:
a. The road impact f.. shall b. aa ..t rorth in
Ordinance .5-55, aa amended, and shall be paid at the
time bUilding permits are issued unless otherwise
approved by the Board ot County commissioners.
~~.f,_ .
PETITIONER lJa ~~
.-...J
",::23 _.
SUBSCRXBED BEFORE HE THIS
, 1991.
c;;~~ A
NpTARY
/"") ~
~~'r~
EXPIRES:
~'~..I.lll!:fr.ura",~
-~--... ..~
tOtlllD"""_IO&.I--::::i.OO2
'0"0"'"
SWORN TO AND
OF, {)~".""1
SUBSCRXBED BEFORE HE THIS
} a t!.-
, 1991.
tt ,,','.~ Ie:"- ~..:rv
NOTARY
SEAL
CU"'It"'lu ".
lrr:Af:t~t(J ,,;'r tr'ter,,,..
.ft"1Cr, h:.W'.. . ..." 11,1",
....1'1 It:. ~.st.
MY CO~ISS~ON EXPIRES:
"~If.'-""".
..~
AGREEMEIIT SHEET
. OOOrm' 36
-2-
EXHIBIT A-1
Page 5 of 7
DAY
DAY
JAN 2 8 1992
RESOLUTION 92-~
RELATING TO PETITION NO. PU-90-26 FOR EXTENSION
OF CONDITIONAL USE OF PROEPRTY HERINAFER
DESCRIBED IN COLLIER COUNTY, FLORIDA
WHEREAS, the Legislature o~ the State o~ Florida in Chapter
125, Florida Statutes, has con~erred on all Counties in Florida the
paver to establiSh, coordinate and en~orce zoning and such business
regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) vhich establishes
comprehensive zoning requlations for the zoning o~ particular
. divisions of the County, among vhich is the granting and extending
the time period o~ Conditional Uses formerly known as Provisional
0...; and
WHEREAS, on February 5, 1991, the Board of County
Commissioners enacted Resolution No. 91-135, vhich granted a
provisional use now known as a conditional use pursuant to
.ordinance No. 91-102, for a church and related church facilities,
on the below described property; and
WHEREAS, Subsection 2.7.4.5 of the Land Development Code
provides that the Board of zoning Appeals may extend the one (1)
year time period for a conditional use which has not been
cOIDIlencedi
NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals
of Collier County, Florida that the written request of Dr. Neno J.
Spagna Of Florida Urban Institute, Inc. representing Unity Faith
Kissionary Church for the first of three (3) permitted one (1) "year
extensions, in interest of the following described property:
Tract 165, Golden Gate Estates, Unit 27, according to Plat
thereof, recorded in Plat Book 7, Page 17, of the Public
Records of Collier County, Florida.
is hereby approved pursuant to Subsection 2.7.4.5, of the Land
Development Code (Ordinance No. 91-i02) and the expiration date for
. OGO,lGt 30
-1-
EXHIBIT A-1
Page 6 of?
!
17F
JAN 2 8 1992
Resolution No. 91-135, attached hereto and incorporated herein as
Exhibit "A" and all conditions applicable thereto is extended
hereby ~or one year until February 5, 1993.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
.inuteso~ this Board and in the records of the Petition for which
the ext~ion is granted.
.' COmza1...ioner
!lasse
o~~ered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Shanahan , and upon roll call, the vote was:
AYES: CaIm1ssioner !lasse. Coamissioner Shanahan. CaIm1ssioner Saunders. and
Ccmn1ssioner Volpe
IfAYS: - .-'_
ABSENT" AND NOT VOTING: CamIlss10ner Goodnight
AB~ON:
Done this
2llth
day of
January
, 1992.
BOARD OF
CO~ER.
BY: '(h-
, CHAIRMAN
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'l." JAHtS:.C. GIL.tsl"~
'I..-.~':
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4JL.
LEGAL SUFFICIENCY:
PU-90-26 EXTENSION RESOLUTION
nb/7151
. Ooo'J"[ 31
-2-
EXHIBIT A-1
Page 7 of 7
f
LEGAL DESCRIPTION
FOR
CU-2008-AR-13786
17F
ALL OF TRACT 165, GOLDEN GATE ESTATES, UNIT NO,
27, recorded in Plat Book 7, pages 17 and 18 of the Public
Records of Collier County, Florida
EXHIBIT A
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CONDITIONS FOR APPROVAL
FOR
17F
CU-2008-AR-13786
1, The Conditional Use is limited to what is shown on the site plan, identified as "Unity Faith
Missionary Baptist Church Conditional Use," prepared by Gina R. Green, P.A. Civil
Engineering, dated July 24, 2009. The final design must be in compliance with all
applicable federal, state and county laws and regulations. The Department of Zoning and
Land Development Review Director may approve minor changes in the location, siting, or
height of buildings, structures, and improvements authorized by this conditional use, so long
as these minor changes remain consistent with all applicable development standards.
2. The uses shall be limited to Church related uses. Day care, weekday private school and
retail church store uses are prohibited. (Note: these uses have not been presented in the
Traffic Study and therefore have not been analyzed as part of this Conditional Use,)
3. The Church has agreed not to expand worship service trip generation into the multi-purpose
building and it shall not increase the seating capacity of the multi-purpose building
(educational classes shall not be precluded by this stipulation as they are considered part of
the worship service trip generation shown in ITE 8th edition).
4. The County shall not be responsible for the construction of a noise wall along the future
Green Boulevard extension adjacent to the Church, If a noise wall is sought by the Church,
it shall be at the Church's expense,
5. The conservation easement referenced in Exhibit B of Resolution Number 91-135 IS no
longer required.
EXHIBIT C